The Texas Legislature

/in /by
  1. The Texas Legislature has the authority to propose amendments to the Texas Constitution.  These proposed amendments must first be approved in a ________ (What type of legislation?) by both the Texas State Senate and the Texas House of Representatives.  Then it has to be adopted by at least ______ (What fraction?) of the membership of each chamber of the legislature.  This amounts to at least _____ (What number?) votes in the Texas House and at least _____ (What number?) in the Texas Senate.
  2. How “representative” are members of the Texas House of Representatives of the people they serve (in terms of race/ethnicity, age, gender, income, wealth, etc.)?  Make a comparison with the current membership of the Texas House and society by detailing the demographics of the membership.
  3. What is the length and frequency (when do they meet and how often?) of the Texas Legislature? What particular area of the Texas Constitution outlines this?  What is the salary for Texas Legislators (elaborate)?  What are at least 2 benefits/compensation other than salary for Texas Legislators? (Elaborate)

Name all current justices of the United States Supreme Court

/in /by

1. Name all current justices of the United States Supreme Court. 2. How is the Judicial branch organized? How many District Courts and how many Courts of Appeals are there? 3. Name two Specialized Courts. 4. How are Federal Justices selected? 5. What is judicial review? What significance does it have in our political system? 6. What is the difference between judicial activism and judicial restraint? Can you draw a parallel to originalists and pragmatists? 7. How does the Supreme Court select cases? 8. Name five of the famous cases decided by the US Supreme Court that created precedents.

The Judicial Branch

Chapter 13

CHAPTER 13: THE JUDICIAL BRANCH

 

In this chapter you will:

Consider how the law reflects the American people—and our national culture.

Learn how the judicial system operates.

Examine the courts’ role in American politics.

Explore the inner workings of the Supreme Court.

Reflect on how judges decide cases.

Review landmark judicial cases.

Weigh proposals for reforming the court system.

CHAPTER 13: THE JUDICIAL BRANCH

 

Who Are We? A Nation of Laws… and Lawyers Embracing the Law – and Lawsuits

Lawsuits are a near-constant feature of American public life, approaching 100 million legal actions a year.

Most other industrial nations rely more on mediation in noncriminal cases.

In contrast, Americans sue.

 

CHAPTER 13: THE JUDICIAL BRANCH

 

Who Are We? A Nation of Laws… and Lawyers Declining Trust

Traditionally lawyers and courts enjoyed high prestige

Lawyers were democracy’s natural aristocrats and people trusted them

Today law, lawyers and legal system face shrinking reputations

In 2015, the Supreme Court’s approval ratings dipped to their lowest level ever recorded, and have remained low since.

CHAPTER 13: THE JUDICIAL BRANCH

 

Who Are We? A Nation of Laws… and Lawyers Courts in American Culture

Images of law as a kind of crusade—for racial justice, environmental protection, or national security—reflect and reinforce images of political idealism.

They alternate between heroism and cynicism.

The Constitution gives the judicial branch the least amount of attention.

CHAPTER 13: THE JUDICIAL BRANCH

 

Organizing the Judicial Branch Divided We Rule

The United States exhibits judicial federalism; both federal and state court systems are each further divided into three layers: trial, appellate, and highest appeal.

CHAPTER 13: THE JUDICIAL BRANCH

 

Organizing the Judicial Branch State and Local Courts

Lower courts conduct trials, appellate courts hear appeals, and the state supreme court renders a final verdict on the state level.

State courts handle the vast majority of cases.

Although each state’s judiciary system is distinctive, all are divided into three levels: trial courts, appeal courts, and a state supreme court.

A majority of US states elect their judges, some are appointed by governors.

 

CHAPTER 13: THE JUDICIAL BRANCH

 

Judicial Selection

 

Few formal criteria for being a judge

May not need a law degree

Most states (31) elect judges

Governor selects judges in 17 states

State legislature selects in 2 states

CHAPTER 13: THE JUDICIAL BRANCH

 

Organizing the Judicial Branch Federal Courts

Federal courts hear three kinds of cases:

Crimes that violate federal laws

Issues that involve federal treaties

Cases touching on the Constitution

Most federal cases begin in one of the ninety-four district courts, which house just under seven hundred judges.

 

Above the ninety-four district courts are thirteen federal appellate courts, known as circuit courts.

 

CHAPTER 13: THE JUDICIAL BRANCH

 

Organization of the U.S. Federal Court System

CHAPTER 13: THE JUDICIAL BRANCH

 

Federal Circuit Courts

CHAPTER 13: THE JUDICIAL BRANCH

 

Organizing the Judicial Branch Specialized Courts

The federal judiciary also includes a set of specialized courts such as military justice, tax disputes, and bankruptcy.

Judges on these courts are appointed by the president and subject to Senate confirmation.

The US military runs its own separate court system, addressing breaches of justice by members of the armed forces.

These courts have been a source of controversy in recent years, after President George W. Bush called for military tribunals to try defendants charged with terrorism against the United States.

 

CHAPTER 13: THE JUDICIAL BRANCH

 

Special Courts in the Federal System

CHAPTER 13: THE JUDICIAL BRANCH

 

Organizing the Judicial Branch Diversity in the Federal Judiciary

Do federal judges reflect America’s population? No.

 

Just above one-quarter of judges are women, and more than 80% are white.

 

11% of federal judges are African American (compared to 12.2% of the population).

 

7% are Hispanic (compared to 16.3%).

 

Only 1% are Asian American (compared to 4.7%).

 

CHAPTER 13: THE JUDICIAL BRANCH

 

The Court’s Role Judicial Review

In Marbury v. Madison, Chief Justice John Marshall asserted that the Supreme Court has the authority to overrule any act of Congress that violates the Constitution and to interpret what the Constitution means.

CHAPTER 13: THE JUDICIAL BRANCH

 

The Court’s Role Activism Versus Restraint

Judicial activism is vigorously or actively overruling the other branches of government when they have arguably overstepped their constitutional boundaries.

Judicial restraint holds, on the contrary, that the courts should overrule the elected branches of government reluctantly and as a last resort.

CHAPTER 13: THE JUDICIAL BRANCH

 

The Court’s Role The Judicial Process

American courts handle two different kinds of cases.

Civil law handles disputes between two parties.

Criminal law involves cases in which someone is charged with breaking the law.

The American colonists introduced the English system known as common law.

Each time a court settles a case, it sets a precedent that will guide similar cases in the future.

Civil law handles cases between two parties.

Criminal law involves cases where someone is charged with doing something prohibited by the government.

The party who complains is called the plaintiff; the party sued is the defendant.

 

CHAPTER 13: THE JUDICIAL BRANCH

 

The Court’s Role Too Much Power?

Should nine unelected, lifetime Supreme Court appointees and more than 100 circuit- and district-court federal judges wield this much power?

 

Litigious society and the range of judicial authority give the courts the power to shape American policy.

 

American courts profoundly shape American politics.

 

CHAPTER 13: THE JUDICIAL BRANCH

 

The Court’s Role Or Still the “Least Dangerous” Branch

No Electoral Base

Prestige and mystique are balanced by lack of democratic authority

Limited Resources

Two or three clerks per federal judge

Small budgets

Reactive Decision Makers

Cases must come to them

Do not define the problem or shape the question in dispute

No Enforcement Method

Court rules but other actors implement the decision

CHAPTER 13: THE JUDICIAL BRANCH

 

The Supreme Court Hearing Cases

Supreme Court is in session for approximately nine months each year, opening the first Monday in October

Justices out of view except when hearing oral arguments

No jury and no witnesses

Counsel presents to the justices: given thirty minutes

Written briefs submitted spelling out the details of their argument

Amicus curiae (friend of the court) briefs also submitted

Brief submitted by a person or a group that is not a direct party to the case

 

CHAPTER 13: THE JUDICIAL BRANCH

 

 

20

The Supreme Court Selecting Cases: Formal

Losing parties in lower courts are permitted to file a petition with the Supreme Court

State the facts of the case

Argument why Court should hear the case

Justices meet to choose the cases they will hear

Four judges have to vote to hear a case (The Rule of Four)

Writ of certiorari issued when justices agree to hear a case

CHAPTER 13: THE JUDICIAL BRANCH

 

The Supreme Court Formal Conditions to Hear a Case

Legitimate Controversy

Actual dispute between two parties

No hypothetical or advisory opinions

Standing

Actual harm or imminent harm

Moot

Court’s proceedings will affect the issue at hand

CHAPTER 13: THE JUDICIAL BRANCH

 

The Supreme Court Selecting Cases: Informal Factors

More inclined to hear a case when two lower courts decide the legal question differently

 

Lower court decision conflicts with an existing Supreme Court ruling

 

Case has significance beyond the two parties involved

 

CHAPTER 13: THE JUDICIAL BRANCH

 

Judicial Decision Making and Reform

The role of law

First, we should pay attention to justice’s view: they follow precedent and the facts of the case. This is known as stare decisis.

 

Ideology and partisanship

Political scientists are more likely to find that ideology is the best predictor in the long run.

Recently, the public has also taken this view.

An institution designed to be above politics is increasingly seen as essentially political.

 

Collegiality and peer pressure

Collegiality, or more bluntly peer pressure, is a third factor that shapes decisions.

 

Institutional concerns

Justices sometimes appear to think about the interests of the Court as an institution.

 

 

CHAPTER 13: THE JUDICIAL BRANCH

 

The Supreme Court and How It Operates Conference Sessions and Written Decisions

The chief justice assigns the job of writing the majority opinion in each decided case.

A concurring opinion offers a justice’s independent reasons for voting in favor of the majority outcome.

Justices who disagree about the outcome write a dissenting opinion explaining why they voted against the majority.

Only the majority opinion has the binding power of law.

CHAPTER 13: THE JUDICIAL BRANCH

 

The Supreme Court and How It Operates Supreme Court Clerks

These clerks exercise great influence by helping the justices write opinions and reach decisions, as well as performing initial screening of the thousands of certiorari petitions that reach the Court each year.

CHAPTER 13: THE JUDICIAL BRANCH

 

The Supreme Court and How It Operates Confirmation Battles

Confirmation hearings have become partisan debates—all designed to influence the Senate Judiciary Committee that holds hearings on a nominee and which issues a recommendation to the full Senate.

CHAPTER 13: THE JUDICIAL BRANCH

 

Judicial Decision Making and Reform The Role of Law

Justices read the law, consider the intent of those who framed the law, and place the case in the context of the Constitution.

CHAPTER 13: THE JUDICIAL BRANCH

 

Judicial Decision Making and Reform Ideology and Partisanship

The justices’ beliefs are the most powerful predictor of how they will vote, especially on difficult cases.

CHAPTER 13: THE JUDICIAL BRANCH

 

Judicial Decision Making and Reform Collegiality and Peer Pressure

Justices spend a lot of time together, hearing cases and discussing their decisions; they exert influence on one another.

CHAPTER 13: THE JUDICIAL BRANCH

 

Judicial Decision Making and Reform Institutional Concerns

Justices are aware of the outside forces that might affect the standing of the Court—public opinion, a hostile Congress, or a skeptical executive.

 

CHAPTER 13: THE JUDICIAL BRANCH

 

Nineteen Cases You Should Know

Marbury v. Madison

Judicial review

Power of courts

 

McCullough v. Maryland

Necessary and Proper Clause

Federal law trumps state law

 

Dartmouth College v. Woodward

Contract definitions

Property rights

 

CHAPTER 13: THE JUDICIAL BRANCH

 

Nineteen Cases You Should Know (cont.)

Dred Scott v. Sandford

Standing

Lack of equal protection for blacks

 

Santa Clara Co. v. Southern Pacific

Role of corporations

Corporations defined as persons

 

Plessy v. Ferguson

Narrow definition of Fourteenth Amendment

Separate but equal doctrine

 

CHAPTER 13: THE JUDICIAL BRANCH

 

Nineteen Cases You Should Know (cont.)

Lochner v. New York

Workers’ rights

Focus on economic individualism

 

Muller v. Oregon

Women’s rights

Labor rights

 

Schenck v. United States

National security

Clear and present danger test: Court doctrine that permits restrictions of free speech if officials believe that the speech will lead to prohibited action like violence or terrorism

 

CHAPTER 13: THE JUDICIAL BRANCH

 

Nineteen Cases You Should Know (cont.)

Lochner v. New York

Workers’ rights

Focus on economic individualism

 

Muller v. Oregon

Women’s rights

Labor rights

 

Schenck v. United States

National security

Clear and present danger test: Court doctrine that permits restrictions of free speech if officials believe that the speech will lead to prohibited action like violence or terrorism

 

CHAPTER 13: THE JUDICIAL BRANCH

 

Nineteen Cases You Should Know (cont.)

National Labor Relations Board v. Jones and Laughlin Steel

Workers’ rights

Right to unionize

 

Korematsu v. U.S.

Civil liberties

Strict scrutiny: The tendency to strike down as unconstitutional any legislation that singles out race or ethnicity unless the government has a compelling interest in such legislation

Compelling governmental interest

 

CHAPTER 13: THE JUDICIAL BRANCH

 

Nineteen Cases You Should Know (cont.)

Brown v. Board of Education

Civil rights

Overturn separate but equal policy

 

Mapp v. Ohio

Civil liberties

Protection against improper search and seizure

 

Gideon v. Wainwright

Civil liberties

Rights of criminal defendant

CHAPTER 13: THE JUDICIAL BRANCH

 

Nineteen Cases You Should Know (cont.)

Lemon v. Kurtzman

Establishment clause and government

Three-pronged test (excessive entanglement, inhibit, secular)

 

Roe v. Wade

Civil liberties

Right to privacy

 

U.S. v. Nixon

National security

Boundaries for executive privilege

CHAPTER 13: THE JUDICIAL BRANCH

 

Nineteen Cases You Should Know (cont.)

Bush v. Gore

Political question

Freeze voting recount

 

National Federation of Independent Business v. Sebelius

Health care

Validate health care plan through right to tax

 

These nineteen cases illustrate the formidable reach of the judiciary in American politics and government.

CHAPTER 13: THE JUDICIAL BRANCH

 

Criticizing the Judiciary Critiquing the Judiciary

Four common critiques include:

The high cost of litigation,

Perceived bias,

Judicial power, and

The possibility of corruption.

CHAPTER 13: THE JUDICIAL BRANCH

 

Criticizing the Judiciary Ideas for Reform: More Resources

The American judiciary faces a “quiet crisis” in attracting talented judges (too little pay) and state courts stagger under the volume of cases.

CHAPTER 13: THE JUDICIAL BRANCH

 

Criticizing the Judiciary Term Limits

Judicial term limits (of 15 or 18 years) would help address the fear of “unelected judges” overruling the elected branches.

 

CHAPTER 13: THE JUDICIAL BRANCH

 

Conclusion: Democracy and the Courts

Courts wield an unusual amount of influence in the United States—far more than courts in most other nations, and perhaps too much in a modern democratic society.

CHAPTER 13: THE JUDICIAL BRANCH

 

Supreme Court’s Approval Rating

CHAPTER 13: THE JUDICIAL BRANCH

 

CHAPTER 13: THE JUDICIAL BRANCH

 

Organization of the US Federal Courts System

CHAPTER 13: THE JUDICIAL BRANCH

 

People’s View of the Honesty/Ethical Standards of Various Professions

CHAPTER 13: THE JUDICIAL BRANCH

 

Justices’ Votes Can Depend on the Speech: Liberal or Conservative

CHAPTER 13: THE JUDICIAL BRANCH

 

Supreme Court Nominations and Confirmations

CHAPTER 13: THE JUDICIAL BRANCH

 

 

49

Texas Vs Massachusets Govt Writing

/in /by

Instructions: Begin by reading the four assigned articles. The article attachments are above.

Then, answer the following questions in paragraph form.

Assignments must be typed, 500 to 750 words in length and submitted through e-campus SafeAssign by November 27, 2018.

Part I: Comparing life in Texas to Massachusetts

1. Compare the budget of the state of Texas and the budget of the state of Massachusetts.

How are the states similar in how they spend money and how are the states different?

Based on how the governments spend their money, how would you expect life to be different in Massachusetts compared to Texas?

Base your arguments on the multiple sources provided and not your own “guess.”

2. Life in Texas and Massachusetts can be very different, but that does not make one superior to the other.

A state’s suitability to live in is determined by how one defines a “quality” life.

What factors do believe would lead to a high quality of life?

How you rate different life factors can be your opinion, but the factors you use should be based on research.

How do you think living in Texas, and spending by the Texas state government, influence your perspective on what is a “quality” life?

3. Looking back at spending by the states of Texas and Massachusetts what would happen if each state changed its spending priorities?

How would you expect altering state spending would harm or enhance the quality of life for people living in that state?

Be sure to mention specific spending changes and base your argument on how you would define quality of life.

Part 2: State Spending Graphs

1. Study the two graphs below:

    State Spending for Texas- FY 2018 and State Spending for Massachusetts-FY 2018.

    Then, describe the graphs in detail, how they appear visually, in writing.

Pretend that the reader is not able to see the graphs.

Give as much detail as possible.

2.   What information are the graphs presenting? What are the graphs telling you about?

Take the information that is presented visually and communicate it to the reader inwritten form.

3. What does the information in these graphs mean for the government of Texas versus the government of Massachusetts?

How would the residents of each of the states be affected by the information presented in the graphs?

Works Cited: Texas Government Common Assignment Articles

http://content.time.com/time/subscriber/article/0,33009,2154995-1,00.html

https://www.cnbc.com/2017/07/11/gov-greg-abbott-why-texas-is-the-top- technology-state-in-us.html

http://www.slate.com/articles/news_and_politics/politics/2012/05/massachusetts_is_the_best_state_in_the_union_.html

https://boston.cbslocal.com/2017/02/28/massachusetts-best-state-in-nation-us- news-world-r

https://boston.cbslocal.com/2017/02/28/massachusetts-best-state-in-nation-us- news-world-report-economy-education-health-care

We’re #1: US News & World Report Ranks Massachusetts Best State

February 28, 2017 at 5:45 pm

Filed Under: Carl Stevens, Charlie Baker, Massachusetts, Ranking, US News & World Report

BOSTON (CBS) — In a glowing report citing education, health care, and the economy, US News & World Report ranked Massachusetts the best state in the nation in a study released Tuesday.

“Its vibrant academic environment, innovative and supportive health care policies and modernizing economy, measure for measure, make this small New England powerhouse with a population of 6.8 million the strongest state of all,” the study reads.

Gov. Charlie Baker couldn’t agree more. He joined US News & World Report editor-in-chief Brian Kelly on CBS This Morning Tuesday to react to the honor of being ranked first in the country.

“I think part of it is we have a lot of smart people, we have a lot of great schools,” Baker said. “That has led to a whole series of terrific, what I would call ecosystems around technology and healthcare and finance and education. You put it all together, in this day and age, in this kind of global economy and global world we live in, and it’s a terrific mix.”

The site wrote that health care and education were weighted most heavily–two things that helped Massachusetts reach the top, as they ranked the state first in education and second in health care.

They cited the “Massachusetts Education Miracle” stemming from the Education Reform Act of 1993 and the fact that nearly half of Massachusetts residents have a college degree, as well as the fact that a higher share of Massachusetts residents have health insurance than in any other state.

Baker credited many Massachusetts successes to the state’s political tradition of working together across party lines.

“We also do have a bipartisan approach to working together,” Baker said. “People are okay with the ideas of compromise and collaboration. If you look at the success we’ve had policy-wise in the education, health care, and economy spaces, energy and a whole bunch of others, they’ve all been done on a bipartisan basis.”

In addition, the study cited the Bay State’s low unemployment and fast rate of new business growth, and ranked it first in Broadband access.

We didn’t win in every category–the site ranked the Commonwealth 45th in transportation and 47th in commute.

But the study did call Massachusetts “a state whose fabric is woven with the modern and traditional, immense range and diversity, a formula that allows for tremendous innovation and growth.”

“They can’t seem to do anything wrong–this has just come out and I’m already getting a little sick of them!” joked Kelly.

“For the record, we’re not sick of it,” said Baker.

Our neighbor to the north, New Hampshire, ranked second; Vermont was ranked tenth.

“New Hampshire is among the best states in the nation to live, work and raise a family,” New Hampshire Gov. Chris Sununu said in a statement. “Though we have much work to do to ensure that our state continues to grow and thrive, this announcement is something that Granite Staters can be particularly proud of today.  It will also serve as useful information to those considering moving their home or business to New Hampshire.”

Read the full report on Massachusetts here, and the full ranking of states here.

WBZ NewsRadio 1030’s Carl Stevens reports

Health Insurance And The Affordable Care Act

/in /by

Suppose you have been tasked with purchasing health insurance for your organization that has fifty (50) full-time employees.

Write a two to three (2-3) page paper in which you:

  1. Suggest one (1) plan that you would use to purchase health insurance for your organization. Determine the extent to which employee lifestyle choices and health economics would factor in to your chosen plan. Provide a rationale for the response.
  2. Analyze the implication of the Affordable Care Act on your decision to purchase insurance. Debate two (2) advantages and two (2) disadvantages of purchasing health insurance for your employees, as opposed to having your employees receive governmental insurance.
  3. Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

The specific course learning outcomes associated with this assignment are:

  • Analyze the impact of healthcare financing and health insurance on healthcare access, quality, and cost.
  • Analyze the influence of health policy and health reform on healthcare access, quality, and cost in the U.S.
  • Use technology and information resources to research issues in healthcare policy and law.